Gloria Ochoa v. Nail Flower Beauty Salon ( 2015 )

Page 1 of 22
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No.04-14-00509-CV ^-7^ ? J" C.X ~&.
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CAUSE No 2013-CI-12691 ~
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FOURTH COURT OF APPEALS DISTRICT
CADENA-REEVES JUSTICE CENTER
300 Dolorosa, Suite 300
San Antonio, Texas 78205-3037
Original Brief date February 9, 2015
APPELLANTS BRIEF - AMENDED 4-30-15.
Page 2 of 22
GLORIA E. OCHOA-APPELLANT, APPELLANT IN PROPIA
PERSONA
V.
NAIL FLOWER NAIL/BEAUTY SALON-APPELLEE.
ON APPEAL FROM THE 224TH JUDICIAL DISTRICT COURT
IN BEXAR COUNTY, TEXAS
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No 2013-CI-12691
Honorable Antonia Arteaga, Judge Presiding
Page 3 of 22
Appellant/Plaintiff: Plaintiff/Appellant's Counsel
Gloria E. Ochoa - Appellant in Propria Persona
542 Williamsburg Place
San Antonio, Texas 78201
Phone: 210-309-0744
Phone: 210-736-1408
Page 4 of 22
Appellee/Defendant: Defendant/Appellee's Counsel:
Campbell, Miller & Associates
Elizabeth W. Lennane
IBN. 24053014
300 Convent, Suite 2350
San Antonio, Texas 78205
Phone: 210-229-9879
Fax 210-229-9878
PAGE 5 OF 22
TABLE OF CONTENTS:
INDENTITY OF PARTIES AND
COUNSEL
..........i
INDEX OF AUTHORITIES iv
STATEMENT OF CASE vi
ISSUES PRESENTED vii
STATEMENT REGARDING ORAL ARGUMENT viii
STATEMENT OF FACTS 1
STATEMENT OF THE ARGUMENT 2
ARGUMENT 4
CONCLUSION AND PRAYER 5
CERTIFICATE OF SERVICE 6
APPENDIX 7
PAGE 6 OF 22
INDEX OF AUTHORITIES
NEGLIGENCE. 322.01 (2), 322, 05 (2 CH 290).
CASES
Beauty Shops, Inc, v Foreman, 319 S.W. 2D 737, 738-739 9 Civ,
App., - Houston 1958, see 322.01 (6). For additional causes of
action, see 322.100 (2). (b)...Elements of Cause of Action for
Negligence of Barber or Cosmetologist.
Dickey v Jackson, 193 S.W. 584, 585 (CIV., Galveston 1927),
reviewed on other ground. 1 s.w. 2D 577, (Comm, App 1928,
judgement adopted and holding approved, see 322.05 (2) (a); See
also Chg 20, damages in Tort).
PROFESSIONAL MALPRACTICE 322.103 (1) (b) (322.76
(b)-ELEMENTS OF CAUSE OF ACTION FOR NEGLIGENCE OF
BARBER OR COSMETOLOGISTS.
This form alleges the five stanrdard elements of negligence:
duty, breach of duty, proximate causation, injury and damages.
See 322.01, (1) 322.05 (2); CH 2980, Negligence). The duty owed
to the plaintiff arrises out of the professional relationship
between the barber or cosmetologist and the client and the
breach of duty is the professionals' failure to perform services
for the client with the care and diligence commonly exercised by
similar professionals in similar circumstances (see 322.05 (2)
(a). The harm generally takes the form of physical personal
injuries, although the plaintiff may recover damages for mental
iv
PAGE 7 of 22
INDEX OF AUTHORITIES (CONTINUED)
anguish for an embarrassment of humiliation resulting from
alterations in his or her appearance caused by the professional's
negligence (Dickey v Jackson, 193 S.W. 5854, 585 (Civ. App. -
Galveston 1927), reviewed on other ground. 1 s.w. 2D 577,
(Comm, App 1928, judgement adopted and holding approved, see
322.05 (2) (a); see also Chg 20, Damages in Tort.
IV.
Page 8 of 22
STATEMENT OF THE CASE
STATEMENT OF FACTS - & SEE ATTACHED "RECORD"
REFERENCES.
On 8-09-2011, I received severe "staph infection" to my left
thumb after a manicure at Nail Flower Beauty Salon.
This resulted in ONGOING, chronic pain, loss of use for thumb,
fingers, disfigurement and other related injuries and ongoing
medical treatment.
SUMMARY JUDGEMENT WAS RENDERED 6-19-14 FOR NOT
PROVIDING LEGAL RESPONSE IN A TIMELY MANNOR.
Citation: This case did not go to trial and thus no court reporter
records available.
**ORAL ARGUMENT REQUESTED**
Page 9 of 22
GOOD CAUSE.
There was "Good Cause" for the failure to timely make,
amend or supplement the discovery response.
REFER TO ITEMS 3, 4, 5, 6, 7, BELOW.
1. This motion is presented within the time limits prescribed by
the Texas rules of Civil procedure for Motion for a new trial.
2. The Judgment of the court is contrary to law.
3. There was insufficient evidence to support the engorgement
as delivered, as Plaintiff was NOT ALLOWED to present
REASONS for not responding in a timely manner.
**The Court erred in this regard. As the victim of Defendants
negligence & suffering from effects of the infection , I was not
able to physically, mentally, emotionally, respond in timely
mannor. See "Good Cause" above.**
4. Plaintiffs failure to file an answer before judgment was the
result of an accident and or mistake, rather than due to an
intentional act or the result of conscious indifference.
5. Plaintiff "is" the "Injured Party" and unrepresented by
attorney as previous attorney abruptly canceled agreement to
represent her.
**ORAL ARGUMENT REQUESTED**
PAGE 10 OF 22
Good Cause (continued)
Plaintiff has been unable to locate other attorney who would
take case due to limited time frame to work on this case.
6. Plaintiff/Gloria E Ochoa has been and is CURRENTLY under
PHYSICIANS CARE & ONGOING MEDICAL CARE and on
MEDICATIONS.
See INCLUDED/ATTACHED ongoing MEDICAL TREATMENT
RECORDS - 2011 year to present year 2015.
7. Above described situation and suffering from severe injuries
from staph infection incurred at above named nail salon
prevented Plaintiff from responding in a timely manner.
8. Gloria E Ochoa files this Appeal Brief complaining of
defendant and how defendant caused great "Personal Injury" to
her.
9. Gloria E Ochoa requests opportunity for verbal discussion etc,
to answer, in person, any questions from the judges to decide
this case.
Page 11 of 22
ISSUES PRESENTED
1. This motion is presented within the time limits prescribed by
the Texas rules of Civil procedure for Motion for a new trial.
2. The Judgment of the court is contrary to law.
3. There was insufficient evidence to support the engorgement
as delivered, as Plaintiff was NOT ALLOWED to present
REASONS for not responding in a timely manner.
4. Plaintiffs failure to file an answer before judgment was the
result of an accident and or mistake, rather than due to an
intentional act or the result of conscious indifference.
5. Plaintiff "is" the "Injured Party" and unrepresented by
attorney as previous attorney abruptly canceled agreement to
represent her.Plaintiff has been unable to locate other attorney
who would take case due to limited time frame to work on this
case.
6. Plaintiff/Gloria E Ochoa has been and is CURRENTLY under
PHYSICIANS CARE & ONGOING MEDICAL CARE and on
MEDICATIONS.
See included/attached Dr's bill showing dates of medical care on
June 2014. Same month and year of the Summary Judgement.
Page 12 of 22
ISSUES PRESENTED (CONTINUED).
SEE INCLUDED/ATTACHED ongoing MEDICAL TREATMENT
RECORDS - 2011 year to present year 2015.
7. Above described situation and suffering & treatment from
severe injuries from staph infection incurred at above named
nail salon prevented Plaintiff from responding in a timely
manner.
8. Gloria E Ochoa files this Appeal Brief complaining of
defendant and how defendant caused great "Personal Injury" to
her.
PAGE 13 OF 22
STATEMENT REGARDING ORAL ARGUMENT.
The courts orders granting immunity to Defendants are
erroneous because they are contrary to Texas Court decisions,
Appellants submit that oral argument would help the Court craft
an opinion that explains simply and clearly why these decisions
apply so that future courts will not make the same errors.
Moreover, the fundamental issue in this cqse is whether courts
have the power to consider obvious personal injury beauty/nail
salon;claims by law abiding Texas citizens , that their
constitutional-guaranteed rights have been unlawfully denied.
This issue is an important one worthy of the Courts full
attention consideration.
By refusing to weigh, consider, grant relief, to such claims, the
courts have made the constitutional rights of injured Texas
citizens a hollow premise.
Its decisions will have a far reaching negative consequence if
allowed to stand.
PAGE 14 OF 22
APPENDIX.
NOTICE OF APPEAL SEE STAMPED DATE 7-14-14
MOTION FOR NEW TRIAL SEE STAMPED DATE 7-16-14
DOCKETING STATEMENT. SEE STAMPED DATE 7-14-14
SEE COPY OF DOCKETING
STATEMENT. SEE STAMPED DATE 7-31-14
LETTER FROM COURT OF
APPEALS DATED 7-22-14
ORDER FROM COURT OF
APPEALS DATED 7-31-14
AFFIDAVIT OF INDIGENCY. SEE STAMPED DATE 7-29-14
CLERKS RECORD BRIEF DUE 11-17-2014 DATED 10-17-14
PAGE 15 OF 22
APPENDIX (CONTINUED).
ORDER FROM COURT OF
APPEALS DATED 1-29-15
LETTER COURT OF APPEALS BRIEF FILED DATED 2-13-15
LETTER COURT OF APPEALS & ORDER / NON
COMPLIANCE DATED 2-23-15
APPELLANTS REVISED BRIEF. SEE STAMPED DATE 3-18-15
CURRENT ABBREVIATED MED RECORDS/ & DR
STATEMENT/BILL SEE DATE 6/2014 . SUMMARY
JUDGEMENT DATED 6-19-14.
-~>,
SUMMARY
JUDGEMENT
DATED 6-19-14
CLERKS RECORD FROM APPEALS COURT 2015
Page 16 of 22
ADDITIONAL RECORDS - INFORMATION
See included copy of my BANK RECORD showing DATE OF VISIT
8-9-11, to The Nail Flower Nail/Beauty Salon and charges.
Manicure preformed by employee, Ben Nguyen.
Gloria Ochoa, plaintiff was instructed by "soak" her nails in
manicure dish that had a soap solution to soften cuticles.
A short while later, Gloria Ochoa, plaintiff, suffered severe
infection to thumb, that necessitated emergency medical
treatment. Thumb was infected, very swollen, blue in color and
extremely painful.
Page17of 22
DEFENDANTS BREACH OF DUTY.
Defendant "OWED" plaintiff a "Duty" to "Care", "To Protect" its
client by cleaning, disinfecting, sterilizing all its equipment.
Emergency room doctors termed this a severe "Staph" infection
due to nail salon not /sterilizing/cleaning their soaking dishes
/equipment etc.
Defendant "Breached the duty owed" to Plaintiff in that they
FAILED to properly disinfect, sterilize, clean their equipment.
DEFENDANTS NEGLIGENCE.
As the direct and proximate cause of the defendants
"NEGLIGENCE", plaintiff suffered personal injury etc as
described below.
Pain and Suffering, Loss of Use for thumb and hand. Inability to
continue working/earn a living, disabled status, loss of earning
ability, now and future earnings, emotional stress, anxiety, etc.
Significant unpaid med bills due to these injuries.
Cost of Ongoing medical treatment*.
PAGE 18 OF 22
ARGUMENT.
1. I THE PLAINTIFF, do not want this to happen to any other
innocent person walking in to this nail salon for a simple
manicure.
Current ONGOING SUFFERING due to Defendants Negligence.
2. Defendant must ACCEPT RESPONSIBILITY FOR THE GREAT
INJURY THEY HAVE CAUSED.
They must sterilize all equipment with each client or use
disposable equipment.
3. SEEKING REASONABLE COMPENSATION for ONGOING PAIN
and SUFFERING /LOSS OF USE FOR THUMB/HAND.
DISFIGUREMENT FOR THUMB. DISABLED STATUS DUE TO
"STAPH INFECTION" THAT COULD HAVE NEEN AVOIDED BY
DEFENDANT "STERILIZIING" EQUIPMENT. LOSS OF ABILITY TO
EARN A LIVING NOW AND FUTURE EARNINGS and PAYMENT OF
UNPAID MED BILLS.
PAGE 19 OF 22
SUMMARY
GLORIA E OCHOA, plaintiff, moves the court to set aside the
Summary Judgement rendered against it on 6-19-14 and grant a
new trial.
PAGE 20 OF 22
PRAYER FOR RELIEF.
Therefore, plaintiff, respectfully requests Reversal of summary
judgment against plaintiff and grant a New Trial.
1. Damages in an amount within the jurisdictional limits of the
court.
2. Pre-and postjudgement interest on that amount of the legal
rates.
3. Costs of suit and
4. Any other relief to which plaintiff is entitled.
Respectfully submitted,
Gloria E. Ochoa an Individual, Plaintiff.
542 Williamsburg Place
San Antonio, Texas 78201
Phone: 210-309-0744.
210-736-1408
Page 21 OF 22
CERTIFICATE OF SERVICE 192.3
I, the undersigned, Gloria E. Ochoa, certify that a true and
correct copy of the foregoing document was served to
Defendants attorney by "Certified" mail, return receipt
requested.
Gloria E Ochoa
542 Williamsburg PI.
San Antonio, Texas 78201
Phone: 210-309-0744
Phone:210-736-1408
PAGE 22 OF 22
CERTIFICATION OF COMPLIANCE WITH BRIEF LENGTH AND TYPE SIZE
REQUIREMENTS.
BRIEF LENTH:
I certify that (1) this brief complies with the word-count limitation in ORAP
5.05 (2) the word count of this brief (as described in ORAP 5.5 (2) (a) is
1,747 or less. (1163 words).
I certify that the size of the type in this brief is not smaller that 14 points
for both the text of the brief and footnotes as required by ORAP 5.05 (4)
(1). 14 font size.
Gloria E. Ochoa,
.liS"^ssH^mxte™$;g".^|^1IIIK111IIS
File Edit Connect Help ®GE Healthcare- , • -'
Patient Action Screen Username: MGA56550 1 I6PS.A
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4502 Medical Dnve
San Antonio. Texas 78229
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Patient: OCHOA,GLORIA MRN: 09029980 DOB: 01/26/1951 Age: 64
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Enter choice:
JD Cardiology Clinic Of San Antonio PLLC STATEMENT DATE 03/17/15
GandfolOgwQ PO Box 741248
rvrtliniC Atlanta, GA 30374-1:
or v*» ANTowia
1248
ACCOUNT NUMBER 123786
PAYMENT DUE DATE ^~JM/Q6/15
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PAY AMOUNT DUE • $301.45 "'"V
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"lllll |>ill>ll|l'll'HI'l"lll-ll'llllllllllllll>ll"l< Questions About Your Account Call 210-614-1440.
Ochoa, Gloria
542 WILLIAMSBURG PL
SAN ANTONIO, TX 78201-2652
STATEMENT - Cardiology Clinic Of San Antonio PLLC
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• -,- \> Description\ i Charge Adjusted Insurance Insurance Patient i * Patient; **£<
Date Provider
Amount Paid Pending Paid Balance; "\*
11/21/13 Donovan MD Intital Hospital Care/Consult 492.00 303 93 149 84 38.23
11/22/13 Donovan MD HOSPITAL DISCHARGE DAY 256.00 256.00
11/22/13 Donovan MD Echocardiogram 2-D Doppler 171.00 111 74 47.22 12.04
Color Interp „ . , '
11/22/13 Donovan MD LEFT HEART CATH, CORS, LV.W/WO 819.00 670 94 117.97 30.09 •
11 "O'l T Dnn-wn MO AMI PTCA'Rtont/AthrpV-t" '"' - Ifififinf) KTiflRC) 506 0? 129.09
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changed andindicate change(s) on reverse.
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CARD NUMBER 3 DIGIT CODE AMOUNT PAID Balance is OVERDUE - Contact us to Avoid Further Collection
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SIGNATURE EXP. DATE
NAME STATEMENT ID
Cardiology Clinic Of San Antonio PLLC
Ochoa, Gloria 38194505 PO Box 741248
ACCOUNT NUMBER PAYMENT DUE DATE Atlanta, GA 30374-1248
| $301.45 123786 04/06/15
SANDEE BRYAN MARION COURT OF APPEALS
CHIEF JUSTICE
FOURTH COURT OFAPPEALS DISTRICT
KEITH E. HOTTLE
KAREN ANGELINI CADENA-REEVES JUSTICE CENTER
CLERK OF COURT
MARIALYN BARNARD 300 DOLOROSA, SUITE3200
REBECA C. MARTINEZ
SANANTONIO, TEXAS 78205-3037
• PATRICIA 0. ALVAREZ WWW.TXCOURTS.GOV/4THCOA ASPX
TELEPHONE
LUZ ELENA D. CHAPA (210)335-2635
JASON PULLIAM
JUSTICES FACSIMILE NO.
4 (210)335-2762
February 13, 2015
Gloria E. Ochoa
Elizabeth Lennane
542 Williamsburg Place
Bank of America Plaza
San Antonio, TX 78201
300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL
RE:
Court ofAppeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria Ochoa
v.
Nail Flower Beauty Salon
receiveJand
received and filPH1IaT?' nriefofflthe*"appellee's
filed. The filing ^ brief ^ is and nUmbered
pending. cause has th* date been
Very truly yours,
KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 53219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
COURT OF APPEALS
SANDEE BRYAN MARION FOURTH COURT OF .APPEALS DISTRICT KEITH E. HOTTLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGEL1N1 300 DOLOROSA, SUITE 3200
MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037
REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
PATRICIA 0 ALVAREZ (210) 335-2635
LUZ ELENA D. CHAPA
JASON PULLIAM
FACSIMILE NO.
JUSTICES (210) 335-2762
February 23, 2015
Gloria E. Ochoa Elizabeth Lennane
542 Williamsburg Place Bank of America Plaza
San Antomo-TX 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: r Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria Ochoa
v.
.Nail Flower Beauty Salon
Enclosed please find the order which the'Honorable Court of Appeals has
issued in reference to the above styled and numbered cause! c
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
Lwz EstKraa
Deputy Clerk, Ext. 53219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
JfourtF) Court of Appeals;
H>an Antonio, ^exas;
February 23, 2015 .-
No. 04-14-00509-CV
Gloria OCHOA,
Appellant
NAIL FLOWER BEAUTY SALON,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-12691
Honorable Antonia Arteaga, Judge Presiding
ffeRB E R_ r
Appellant filed her brief on February 13, 2015. The brief does not comply with Rule
38,1 of the Texas Rules ofAppellate Procedure. See Tex. R. App. P. 38.1. Specifically, the brief j/
violates Texas Rule of Appellate Procedure 38.1 in that it does not contain: v^
(l-V«K:table of contents; " ;" \ J" v \J^" r*y" w-'
(2)-an index of authorities^-,' v/' , k,"^ f/j P^
(3) aproperstatenientpfthe.eas.e; /'U 'y •^/tK
(4fe b,:ief statement of(the^issues presented; setting out what errors were allegedly
c61riihitted-by4hejtHaIe6urt;_ ~ " "
<^5) include a statement of facts with record references?^).
(6) a proper summary of the argument;
v.-;.(7.) proper-iegalrargument with appropriate citation to authorities^ahd the appellate
record; or \, ./ .
(S^ansappendixr " ,
See id. R. 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(d)
(requiring statement of case); 38.1(f) (requiring statement of issues presented), 38.1(g) (requiring
statement of facts with record reference), 38.1(h) (requiring summary of argument, 38.1(i)
^requiring argumenlj^jJli_ap^ citation to authority and record), and 38.1(k) (requiring
, 1^tE€llfe@ii^IP'"I"^||0|her appealable order, any jury charge and verdict form, any
(^findings of fact and_conclusions of law, and text of applicable rules, regulations, ordinance^
Table of Contents
Page
Summary of the Argument 6
Standard of Review 8
Argument 9
I. The District Court Erred In Dismissing The Porrettos' Constitutional
Takings Claim 9
A. The Constitution waives governmental immunity from takings claims 10
B. The Porrettos have standing to bring a takings claim 11
II. The District Court Erred In Dismissing The Porrettos' Trespass To Try
Title Claim Against Patterson and Muller 14
A. Officials who incorrectly claim title to or possession of private
property on the government's behalf are not immune from suit 15
B. Lain includes disputes over title as well as possession 17
III. The District Court Erred In Dismissing The Porrettos' Claim That The GLO
And Patterson Breached The SettlementAgreement 19
IV. The District Court Erred In Dismissing The Porrettos' Claims Against The
Park Board And Muller BecauseThe Legislature WaivedTheir Immunity 21
Conclusion and Prayer 22
Certificate of Service 24
Appendix
First Amended Petition (CR 216-28) Tab A
Survey of Property (CR 152) Tab B
Rule 11 Agreement / Settlement in Principle (CR 279-85) Tab C
Orders Granting Pleas to the Jurisdiction (CR 214-15, 286) Tab D
111
COURT OF APPEALS
CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HO'ITLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGELINI 300 DOLOROSA, SUITE 3200
SANDEE BRYAN MARION SAN ANTONIO, TEXAS 78205-3037
MARIALYN BARNARD WWW.4THCOA.COURTS.STATE.TX.US TELEPHONE
REBECA C. MARTINEZ
(210)335-2635
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA
FACSIMILE NO.
JUSTICES
(210) 335-2762
October 17, 2014
Gloria E. Ochoa Elizabeth Lennane
542 Williamsburg Place Bank of America Plaza
San Antonio, TX 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria E. Ochoa
v.
Nail Flower BeautvSalon
The Clerk's/Kecor, •ered cause has this date been filed.
The appellant's brief is du
Very truly yours,
KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 3219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
Donna Kay McKinney (DELIVERED VIA E-MAIL)
"V- ....-./
PAGE 1 OF 2
NOTICE OF APPEAL
CAUSE #2013-CI-12691
224th JUDICIAL DISTRICT COURT
IN BEXAR COUNTY, TEXAS
GLORIA E. OCHOA
542 WILLIAMSBURG PLACE
SAN ANTONIO, TEXAS 78201
•C3-
Phone: 210-309-0744
•r*» 3>3> 3^1.
(-> .—
Phone: 210-736-1408 m rn xr
m -o
a .-.3;
Appellant in Propria Persona
rn
-<
JUDGEMENT DECREE TO BE APPEALED WAS ENTERED AS:
GLORIA E.OCHOA
PLAINTIFF
VS.
NAIL FLOWER BEAUTY SALON
DEFENDANT
NOTICE IS GIVEN THAT, GLORIA E.OCHOA, HEREBY, APPEALS FROM SUMMARY JUDGEMENT
ENTERED ON JUNE 19™, 2014, BY THE HONORABLE JUDGE, ANTONIA ARTEAGA, IN THE ABOVE
CAPTIONED ACTION.
Page 2 of 2
DATED 7-14-14
GLORIA E OCHOA
542 WILLIAMSBURG PLACE
SAN ANTONIO, TEXAS 78201
Phone; 210-309-0744
Phone:210-736-1408
CERTIFICATE OF SERVICE
I, certify, that Ihave caused a copy of this document to be delivered to all parties
entitled to service as listed below by US Mail, Certified, Return receipt requested.
Attorney for Defendant u
Campbell, Miller & Associates
300 Convent, Suite 2350
San Antonio, Texas78205-3532
\
Page 1 of3
MOTION FOR NEW TRIAL
i
Gloria E. Ochoa
542 Williamsburg PL
San Antonio, Texas 7$201
Phone:210-309-0744
Cause Number 2013-CI-12691
In the 224TH JUDICIAL COURT
in
Bexar County, Texfrs
GLORIA E.OCHOA
PLAINTIFF
VS.
NAIL FLOWER BEAUTY SALON
DEFENDANT
Gloria E. Ochoa, plaintiff, moves this court to set aside the judgment rendered
against it on 6-19-14-by Summary Judgment and grant a new trial in this cause.
1.This motion is presented within the time limits prescribed by the Texas Rules of
Civil Procedure for a Motion for New Trial.
2. The judgement of the court is contrary to law.
3. There was insufficient evidence to support the judgement as delivered, as
Movant was not allowed to present reasons for not responding in a timely manner.
!
4.1. Movants failure to file an answer before judgment was the result of an accident
and or mistake, rather than due to an intentional act of the result of conscious
indifference.
Page 2 of 3. MOTION FOR NEW TRIAL
4.2. The accident or mistake that prevented Movant from filing an answer is that
the MOVANT is not represented by attorney as preyious attorney abruptly
canceled agreement to represent her. Maffi"ould not locate attorney who
would take case due to limited time frame to research. Also, that the Movant IS the
INJURED PARTY in this Personal Injury Lawsuit and suffering from effects of
severe 'staph' infection received at the Defendants Nail Salon.
Movant has been and is under physicians care and on medications for extreme pain
diminished use of hands, fingers, loss of balance, other injuries, since date of injury
in 2011. Movant is disabled and no longer able to work and needed to obtain Social
Security Disability. Severe injuries/situation has caused Movant from responding in
a timely manner.
5. Movant has meritorious defense as to the full amount to the judgement.
Injuries as noted above from severe staph infection.
See attached affidavit.
6.1. The granting ofa new trial will not prejudice the other parties to this cause.
6.2 Movant is ready, able and willing to go to trial immediately ancLnot delay, harm
Or
or nreilldice
prejudice will nrmr in
will occur to the, nthai* parties
the other now+iac, as
oo a
n ..^..i* ~eTdk^l&fCQ.tlhr?^._.
result of ftfirefeaS Action.
Movant, Gloria E. Ochoa, prays that after notice and hearing that the judgement
rendered in this cause be setaside and thatMovarit be granted a new trial.
July 16,2014.
Respectfully submitted,
Gloria E. Ochoa
542 Williamsburg Place
San Antonio, Texas 78201
Phone: 210-309-0744
Phone: 210-736-1408
CAUSE NO 2013-CI-12691
IN THE 224TH DISTRICT COUNT
STATE OF TEXAS
IN COUNTY OF BEXAR
GLORIA E OCHOA
PLAINTIFF
VS
NAIL FLOWER BEAUTY SALON
DEFENDANT
AFFIDAVIT IN SUPPORT OF MOTION FOR NEW TRIAL
i,v • ««h w RpYar Countv, Texas, on this day personally
appeared, Gloria E Ocnoa, to me Alr.d(lvit who being first Sworn on oath,
and qualified in a» respecte f"J^taS- i^tm and that she has
and aUegation thereof, true and correct to affiants own personal knowledge.
Gloria E. Ochoa
SWORN TOAND SUBSCRIBED BEFORE ME ON_ ^'Ihtf-,
' .-.•'
of Bexar County, Texas
Appeal filed 7-14-14 -\^
summary Judgment signed by the Honorable Judge, Antonia Arteaga on 6-19-14.
This did not go to trial. No court reporter. (
Request for findings of fact filed on 7-9-14.
Plaintiff is not represented by attorney.
Defendants attorney, Campbell, Miller, & Associates /
Elizabeth Lennane
300 convent, Suite 2350
San Antonio, Texas 78205-3532
Phone: 210-229-9879
Fax 210-229-9878
personal Injury Lawsuit
page 1
page % >f ^
certificate of service
T _prtl-fv tnat j nave caused a copy of this document to be delivered to all parties,
attofneyfor Sefenlant? entitled to service as listed below by Certified Mail,
Return Receipt requested.
Campbell, Miller, & Associates Law offices
Bank of America Plaza
300 convent Street
San Antonio, Texas 78205-3532
Resctectfully submitted,
Gloria E. ochoa
542 Williamsburg Pi
San Antonio, Texas 78201.
210 309-0744.
Page 1
COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICT KEITH E. HO'ITLF.
CATHERINE STONE
CaDENA-REc VES JUSTICE CENTER CLERK OF COURT
CHIEF JUSTICE
KAREN ANGELIN1 300 DOLOROSA, SUITE 3200 3
SANDEE BRYAN MARION SAN ANTONIO, TEXAS 78205-3037
WWW.4TKCOA.COURTS.STATE.TX.US
P/o an gfotomo, t&zxas
July 31, 2014
No. 04-14-00509-CV ;
Gloria E. OCHOA, |
Appellant
NAIL FLOWER BEAUTY SALON,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-12691
Honorable Antonia Arteaga, Judge Presiding
ORDER
On July 22, 2014, appellant timely filed a notice ofappeal from the trial court's June 19,
2014 judgment. On July 29, 2014, appellant filed an affidavit of indigency in this court. It
appears appellant did not file her affidavit in the trial court.
Aparty who cannot pay the costs ofan appeal must file an affidavit ofindigence "in the
trial court with or before the notice of appeal." Tex. R. App. P.-20. 1(c)(1). Appellant's affidavit
^wa^erefoTe^u^rfl4he trial court on July 22, 2014, the date her notice of appeal was filed, or a
-TnoTiorr-fer extensions-time to file the affidavit was due in this court fifteen days later, on
August 6, 2014. See Tex)r! App. P. 20.1(c)(1), (3).
We construe the affidavit filed in this court as a motion for extension of time to file the
affidavit in the trial court. Accordingly, we GRANT the motion to extend time to file an
affidavit of indigency to pay costs.
We ORDER the clerk of this court to send copies of the affidavit and this order to the
district clerk, the court reporter, and all parties. See Tex. R. App. P. 20.1(d)(2).
We further ORDER the deadline for filing a contest to the affidavit of indigence is
August 11,2014. Any contest must be filed in this court. See Tex. R. App. P. 20.1(e)(1).
!-^
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 31st day of July, 2014.
eitfiE.
Kei Hottle *
Clerk of Court
?*
Request for Findings of Fact and conclusion of Law 7-8-14
Page 1 of 3
Gloria E. Ochoa
542 Williamsburg Pi.
San Antonio, Texas 78201
Phone: 210-309-0744
cause Number 2013-CI-12691
In the 224TH JUDICIAL COURT
of Bexar County, Texas.
GLORIA E. OCHOA
PLAINTIFF
VS.
NAIL FLOWER BEAUTY SALON
DEFENDANT.
REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW
GLORIA E. OCHOA, MAKES THIS MOTION TO THE TRIAL COURT FOR FINDINGS OF FACT AND LAW
IN THE ABOVE REFERRED AND NUMBERED CAUSE.
In support of this motion, Gloria E. Ochoa, shows as follows:
The above captioned cause did not come to trial before the court, due to a summary
judgement. After considering the pleadings, the argument and briefs from counsel,
the court rendered its decision to grant a Judgement in favor of the defendant.
Gloria E Ochoa, requests for findings of fact and conclusions of law the following:
FINDINGS OF FACT.
Plaintiff is not represented by attorney and is the injured party and due to ongoing
pain, suffering from staph infection received at Nail Flower Beauty salon was not
able to respond in a timely manner,
see original Petition - Paragraphs, 6, 7, 8, 9, 10, 11, 12.
Page 1
Appellate Docket Nnmber: I'^rJ^T^ji '&£_ ~cJ.: ^-lf-f/
-' ' " '-* I""-'- ..a
Appellate Case Style: | m(jrt*J '• rO^Vvi> •rCl',':*?, \\±j,\-&foir!&-*' -•
Companion Case No.: ,•--.;--;--: ; " 1 *ni/lx. •
£^
Amended/corrected statement DOCKETING STATEMENT (Civil) >
Appellate Court:Hl"""^Ks^MrJSi" 1/
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
4 .
AppLIMIIt "I •>
If \pjiLll.int'AttoriiL\(s) - i- '. ii
Person fj Organization (choose one) • Lead Attorney
-3 £hJ,-
First Name: Ml .3S ^'s;_
-*K»- - • -c" ' ••yf-J-^-
First Name: i~£§rZSTj2iL~\&J&\i7jZ*Lfr. Middle Name I _
Middle Nam. " ;'£: ]/ fl . . „ _/ ']_ „*„" ^ . .*_".-_" Last Name \
Last Name. ' J^C-fa O-O/''^~" ? ."'-. v Suffix: gSi. _ .
Lawl inn i, mi |
Suffix: K:i^v- 11
Pro Se: Addri 1 L
• /- • "do—.- «
Addri '
City: c *- *-» J
State: |I<_\J, t '•P i
Telephi'iu M
Fax: C . ,"'
. J i r* r -
a
PI Person ptorganizatiQn
)rganization (choose
(choose one)
one) ZXM&^*.^&&B- Suffi:
Suffix: Law J niu N mi
ProSe: O Addn i .,„.:•;: ..^.'.."S-ss"
Aind30
Addrcs' ^>fi CjprttfatLS*?!
city: l£psp: "8 VL&KzTo'.j "tD^-TL'J
COXIV ICTflTWl State
Telepl
Aip)0 mxm
. wno imxm Fax:
MmmummQt Email
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SBN:
Pagel of 7
hjaag'..'.''-* • 'v. -*> • r• iii'—^ii_^=—' •£ii *e ^ " • * '-—l'1-*.i.'-!'.".-'.J." ^ i — 71"//
Nature «i <.isl- (Suh|i-Li maHu ml>|v « ^ -"•'- »< f. :£i32iL^!ns!3^3
Date notice ofappeal filed in trial court: jg"ggmBf'S^l^r*.——"-J
Ifmailed to the trial court clerk, also give the date mailed L!k*."—£* ^'i:?."SS
Interlocutory appeal ofappealable order: • Yes • No
Ifyes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated appeal (See TRAP 28): • Yes • No
Ifyes, please specify statutory or other basis on which appeal is accelerated: ^wr??
Parental Termination or Child Protection? (See TRAP 28.4): ^Yes ^N6
Agreed? (See TRAP 28.2): • Yes • No
If yes, please specify statutory orother basis for such stetus
!^JL£I.i
Appeal should receive precedence, preference, or priority under statute or rule: U Yes |_| o
f-7PT^r%^* *T" ^T^p*
Jt"^
Does this case involve an amount under $100,000? ^ Yes QNo
Judgment or order disposes ofall parties and issues: • Yes QNo
Appeal from final judgment: J^jYes QNo
Does the appeal involve the constitutionality or the validity ofastatute, rule, or ordinance? Q Yes QNo
Motion for New Trial: pYes • No Ifyes, date filed: }SMS\^&^\
Motion to Modify Judgment: •Yes • No Ifyes, date filed: [^{"^.'H'"i
Request for Findings of Fact jYes QNo Ifyes, date filed: f"^M''£L^i
and Conclusions of Law:
•Yes • No
Motion to Reinstate:
• Yes • No Ifyes, date filed: g|gg3iJ|Ei5
Motion under TRCP 306a:
Other: • Yes QNo
Yes • Wo If yes, date filed:
Affidavit filed in trial court:
Contest filed in trial court:
J•Yes H&0 Ifyes, date filed: K?^B'iS*!&:tfeS^£l
Date ruling on contest due: |*£5|
Ruling on contest: •Sustained •Overruled Date ofruling: t
Page 2 of 7
C1. • •»• •«*
i/ -.:'•-.• * . . \#» • •
lu.'Uankruii(c\ • - • *-,*"'.i"^i-"->',",J"' •
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? • Yes "fSlNo
If yes, please attach a copy of the petition.
bate bankruptcy filed: KT^$?%W^ Bankruptcy Case Number: j ^ S H I B l
Count). {lia^fc,^ lualCourtUcik. >fsJL)i.liia • £ounty
Trial Court Docket Number (Cause No.): s clerk's record requested? "OYes • No
Ifyes, date requested: ^§j$SHIj§$$&%
Trial Judge (who tried or disposed ofcase): Ifno, date itwill be requested: ffffifr&ign-& ^.•£,,... J&LA
First Name "f"fJS"^*""^ Were payment arrangements made with clerk?
Middle Name ^H"E^k^illiKMZ^ • Yes QNo • Indigent
Last Name iJtJ^D^P"LLL. ^K-AJ3ii£l-r^.< (Note. No request required under TRAP 34.5(a),(b))
Suffix: fc',; .;£'::«*_•
Address 1 ^Z7!"""""
Address 2
City:
G^3^nSSPjSS2S23 •
K.. :. -°i v, . ""J^-j-JiJ-J3"Jiu±-i.i-iJi^JJ
Uvnm^y ^uJaeteJ
state: IfcWWrS"i /ip. 4 EigCPSj^B try, 6--19-/V
Telephone EHEESZ3<*1 E3Xi
T^r-y
Fax- prT^TirT'
Email: fofc.,,, . j^-tll t- - jl "\JL£LsilZ*£» * sJXs^jeUi
Reporter's or Recorder's Record: (
Is there areporter's record? • Yes [^ No
Was reporter's record requested? QYes QNo
Was there areporter's record electronically recorded? • Yes • No
Ifyes, date requested: |^pP""Sflaa
Ifno, date it will be requested: IHl^i"^i
Were payment arrangements made with the court reporter/court recorder? rj Yes • No •indigent
Page 3 of 7
• Court Reporter • Court Recorder
• Official • Substitute
i i #j • i. -
First Name:
. . —. •• W -1-1
Middle Name: • i - -.? • ».- \ 1 ^ Jll'll ^
Last Name - \
Suffix:
Address 1
Address 2 ^ ""^"^V '^' '^ ~-^
e» ^-p jj »^wi>j • •. «»—•i.j.jt.>«n;f *»'„ing"u.y'11 • »• i-^"yjvay'i
Pitv L-'t->vlc '.*> ^IvC-^fAi %3£ *e% date filed
'ill file: • Yes • No
l&R\Vraoriliiiar> Relief
ill you request extraordinary relief(e.g. temporary or ancillary relief) from this Court'.' • Yes • No
Ifyes, briefly state the basis for your request: mEM^M"""""""^
Kttt'bjiurtjir Appeal) ;_i"'-'l' _ eL'J'L- " ' ' •': '. ' -V^i '".' '_._ i-' "•'•. J.---'- •— •-'- •—*'—*-£ '£*•'•'-
Should this appeal be referred to mediation? Wyes • No
If no. please specify:L - . ". . . v*!. "—j. ' *'J- _ -a \ J.uC' -A.'-"* -»--i '
Has the case been through an ADR procedure? QYes QNo A
Ifyes, who was the mediator" .™I ".J". 7.7. ---' ™ -r''.—"-J-iii^ail^- —- ii-iCi-^ -'- —"-.^l^H?^:.
What type of ADR procedure .' Ij
At what stage did the case go through ADR? QPre-Trial •Post-Trial •Other
If other, please specify
1 ype Ol case; i%mmgmmffl!ggimmzimmm> isejiss^ji^aj^msms, -.•.•———— . /•..,:(.u„,.f
Give abriefdescription ofthe issue to be raised on appeal, the reliefsought, and the applicable standard for review, .fknown (without
prejudice to the right to raise additional issues or request additional relief):
How was the case disposed of?
Summary ofreliefgranted, including amount ofmoney judgment, and ifany, damages awarded.
Ifmoney judgment, what was the amount? Actual damages:
Punitive (or similar) damages: j
Page 4 of 7
Attorney's fees (trial): B&'-VftB^SSO
Attorney^ fees (appellate): p^l^j&^.WJ
Ifother, please specify: ^SSS^SS"L • --'
Will you challenge this Court's jurisdiction? • Yes • No
Does judgment have language that one or more parties "take nothing"? • Yes Q-No
Does judgment have aMother Hubbard clause? QYes Q-No
}
Other basis for finality?
Rate the complexity ofthe case (use 1for least and 5for most complex): Ql EH D^ D4 Q5
Please make my answer to the preceding questions known to other partjes in this case. • Yes • No
Can the parties agree on an appellate mediator? • Yes • No -,
Ifyes, please give name, address, telephone, fax and email address:
Email
Name Address _. Telephone
Languages other th/n English in>hich the mediator should be proficient
Name of person
INiUIIC Ul 1111115 uuifmediafion
pciauil filing uivuiutivu section
jvvwv.. of
v* docketing
«`` 0 statement:
-— --— fm^mvsmmmt"'w^nriwu™™^™™ •„
List aAy pendini'J^st related appeals before this or any other Texas appellate court by court, docket number, and style. &&~ dA^_
DockeVr^trrnblr- ^-'"FT"Virc"?^. '. -« 1"•''l "II [iL^'.^I/iTJl" J-."li-.-^.- -
Page 5 of 7
The Courts ofAppeals listed above, in conjunction with the State Bar ofTexas Appellate Section Pro Bono Committee and local Bar
Associations, are conducting aprogram to place alimited number ofcivil appeals with appellate counsel who will represent the appellant in
the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon anumber of
discretionary criteria, including the financial means of the appellant or appellee. Ifacase is selected by the Committee, and can be matched
with appellate counsel, that counsel will take over representation ofthe appellant or appellee without charging legal fees. More information
regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at
www.tex-app.org. Ifyour case is selected and matched with avolunteer lawyer, you will receive aletter from the Pro Bono Committee within
thirty (30) to forty-five (45) days after submitting this Docketing Statement.
Note- there is no guarantee that ifyou submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select
your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you
in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and
information about your case, including parties and background, through selected Internet sitesand Listserv to its pool ofvolunteer appellate
attorneys. s^
Do you want this case to be considered for inclusion in the Pro Bono Program? Q Yes • No
Do you authorize the ProBeno Committee to contact your trial counsel ofrecord in this matter to answer questions the committee may have
regarding the appeal? 0Yes • No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for
the purposes ofconsidering the case for inclusion inthe Pro Bono Program.
Ifyou have not previously filed an affidavit ofIndigency and attached afile-stamped copy ofthata^taviCdoes your income exceed 200% of
the U.S. Department of Health and Human Services Federal Poverty Guidelines? • Yes fj No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the mtemetat>ffi.-//aspe.hhs.gov/povertv/06Povert\'.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? DYes • No
Ifyes please attach an Affidavit ofIndigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk s
Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of
an affidavit under oath as to your financial circumstances.
Give abriefdescription ofthe issues to be raised on appeal, the relief sought, and the applicable standard ofreview, ifknown (without
prejudice to the right to raise additional issues or request additional relief; use aseparate attachment, if necessary).
igiialure.-%.
• \i, f.
Q/Lse-~£i~ \%^
% i
First Name: _ zJl
Middle Name: •;.-..
Last Name. _!_,: - _.l^
Suffix: pS^t^SiL //?'/, i /) ^ *
Law Finn Nam,-^•.C//i//V:- • ^/-V-Y.>././*-^ ^ ^
Address I PStftf:. f ^."f"f^
Address ' [ji7_-!--J.\-^i-^.---Si^'.-i-' __'-J—-_! _ ,r
City: _vL_? -KIT -.. —- _~- _—•Ik_ i.l_*.»i . . J~f. —• »(_*_- —I
State Isi&-«:;-_/-_t-:--^ "p-.v, s_ii?"S__7 3" ^
__y--^--^f-J^. ~—n^ ,1 '
me:l
Telephone:! /i_^__ra_l_B.. -.j l Kt-
...
If Attorney, Representing Party's Nairn- l*. „.-.. .I".'_3*Jb k>_—»j
Page 7 of7
Certificate of Service
I certify that I have caused a copy ofthis document to be delivered to all parties,
attorney for Defendant, entitled toservice as listed below by Certified Mail, Return
Receipt requested.
Campbell, Miller, & Associates
Bank of America Plaza
300 Convent Street
San Antonio, Texas 78205-3532
Respectfully submitted,
Y_i_-w^ iMlv+*^
Gloria E. Ochoa
542 Williamsburg PI
San Antonio, Texas 78201.
210 309-0744.
'~ft
NOTICE: THIS FORM CONTAINS SENSITIVE DATA.
Cause Number ^0C3 -£T"- I'l&Q/
»o?S&
^ °0PY 7
'^U j /\ fit r-n `` \
(The Clerk's office willfillin the Cause Number when you Wethis form.)
In the (check one):
ne): S^ —I—i
Petitioner/
Plaintiff G-l 0\r)O- Qcki-£c*— [^District Court
|_fDistricl _
(Court Number) .("] County Court atLav£ o
j>c:-ti
• Justice of the Peace^
U3 - ^ —ir-
Respondent/ Cophi £T10
Defendant (County)
X- —i.
Affidavit of Indigency CO x.r'
(Request to Not Pay CourtFees) en
Use this form to ask the court not to You must either 1) sign this form in You can be prosecuted if you lie on
charge you for court fees. This form is front of a notary public or 2) sign this this form.
also called an "Affidavitof Inability to form and sign and attach acompleted Tne " may or may not approve t^
Pay Court Costs" or a "Pauper's Oath." "Unsworn Declaration" form. By request to not pay court fees. The court
You can only use this form if: (1) you signing in front of a notary, you swear may order you to answer questions
get public benefits because you are under oath that the information about your finances at a hearing. At
poor or (2) you can't pay court fees. provided is true and correct. By that hearing you will have to present
The information you give on this form signing and attaching an "Unsworn evidence to the judge of your income
must be current, complete, true and Declaration" form, you declare under and expenses to prove that you have no
correct. penalty of perjury that the information ability to pay court fees.
provided is true and correct
®The person who signed this affidavit appeared, in person, before me, the undersigned notary, and stated
under oath: ^_^ c?>oO
"My name is C^L-filr Li_»<5L-/ My phone number is (2-f<3) " Q"7"
"My mailing address is J^lLD f^J/'/^H/tf^.h^J^f p>L-
"Myemail address is VyGuEtzM.bo^'l. IjWwt) ,Cj»^
"I am above the age ofEighteen
of eighteen (18) years, and Iamfully competent to make this affidavit. Iam unable topay court
costs. The nature and amount of my income, resources, debts, and expenses are described in this form.
Check ALL boxes that apply andfill intheblanks describing theamounts andsources ofyour income.
@"I receive these public benefits/government entitlements that are based on indigency: _, gg o
• SSI DWIC CTFood Stamps/SNAP • TANF Qlvfedicaid QCHIP iQaABD * o
• Needs-based VA Pension • County Assistance, County Health Career General Assistance (GA) c~ odSz
• LIS in Medicare ("Extra Help") • Community Care via DADS [^flow-Income EnergyJAssistance^
• Emergency Assistance • Child Care Assistance under Child Care and Development Block Grang -en
• Public Housing Q Other: (Describe) QQ_- • £?<<:<>-'"11Tyy J2)/Sf}i ',(fJ^L
Ifyoureceive anyof theabovepublic benefits, attach proofandlabel it"Exhibit
(D "My income sources are stated below. (Check an that apply)
ProofofPublic Benefit^'
iitf^roo
M o
m
CO -<
O Unemployed since: (date) . -or-
• Wages: I work as a for
Yourjob title Your employer
• Child/spousal support • My spouse's income or income frprffanother member ofmy household (ifavailable)
• Tips, bonuses • Military Housing D Worker's Comp |_fDisability • Unemployment • Social Security
• Retirement/Pension • Dividends, interest, royalties • 2nd job or other income:.
© "My income amounts are stated below. (describe)
(a) Mymonthly net income aftertaxes are taken out is: Total income after taxes l<45frt>ii*l>
(b)The amount I receive each month in public benefits is: Total amount received
(c)The amount of income from other people in my household is:* Total amount received $
(d) The amount I receiveeach month from other sources is: Total amount received 1_
(e) MyTOTAL monthly income is Add all sources ofincome above-* $ T¥F7,
'List this income onlyifothermembers contribute toyourhousehold income.
Page 1 of 2
©TexasLawHelp.org - Affidavit ofIndigency, February 2014
'k About my dependents: "The people who.depend on me financially are listed below:
Name Age Relationship to Me '
T.no6
, ofl ^ Bank accounts, other financial assets (List) Food and household supplies
1'V^ . $ ^5->o5 Utilities and telephone \*?b.0d
Clothing and laundry $
Medical and dental expenses 1
Vehicles (cars, boats) (List make and year) , Insurance (life, health, auto, etc) L
School and child care _.
Vehicle payments £_
Gas, bus fare, auto repair l_ Iha.QG
$ Child / spousal support i.
Real estate (house or land) (Do not list the house you live in.) Wages withheld by court order I_
- $ *-"& ' Debt payments l_
$ Other expenses (Describe) .!_
Other property (like jewelry, stocks, etc.) (Describe) 5_
$ —- O '
l_
$
Total value ofproperty -> |= $ Total monthly Expenses -+ = $ / L7IX0
*The value is theamount theitem would sellfor less the amount you still oweon it(ifanything).
f^e®,
®"My debts include: List debt and amount owed. J/l/1 0h'Tq A <3<' - /" r*> /rftf)
To list any otherfacts you want the court toknow, such as unusual medical expenses, family emergencies, etc., attach another
page tothis form andlabel it "Exhibit: Additional Supporting Facts. °Check hereifyou attach anotherpage.D
® "\ am unable to paycourt costs. Iverifythat the statements made inthis affidavit are true and correct."
® YourSignature. You must either: 1) sign this form in front ofa notary public or
2) s/bn this form and sion and attptfi acompleted "Unsworn Declaration"form.
a— 7-2.9-/V
Vour Signature
Notary fills out this section if
State of
are signing in front of a notary]
g Jr<=L
where this Affidavit is notarized.
ubscribed before metoday, jyi o Q _by >Y°|C\ ELOoh nQ
Print name of person whois signingthisAffidavit.
NOTthe notary'sname.
Page 2 of 2
© TexasLawHelp.org - Affidavit of Indigency. February2014
COURT OF APPEALS
SANDEh. 8RYAN MARION FOURTH COURT OP APPEALS DISTRICT KEITH E. HOTTLE
CHIEP JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGUl.fNl 300 DOLOROSA, SUITE 3200
MARIAl.YN BARNARD SAN ANTONIO, TEXAS 78205-3037
REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
PATRICIA 0. ALVAREZ (210)335-2635
LtJZ ELENA I). CHAPA
JASON 1'UL.LIAM FACSIMILE NO.
JUSTICES (210)335-2762
April 10, 2015
Gloria E. Ochoa Elizabeth Lennane
542 Williamsburg Place Bank of America Piaza
iX
•Sari-Antonio- " ^ 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria Ochoa
v.
Nail Flower Beauty Salon
The Appellant's Motion for Extension of Time to File Amended Brief has this date been
received and filed in the above styled and numbered cause.
Very truly yours,
KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 53219
cc; Dinah L. Gaines (DELIVERED VIA E-MAIL)
COURT OF APPEALS
SANDEE 3RVAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGELINI 300 DOLOROSA, SUITE 3200
MARIA;..VN BARNARD SAN ANTONIO, TEXAS 78205-3037
KEBEC.aC. MARTINEZ WWW.TXCOURTS.COV/4THCOA.ASPX
PATRICIA 0. ALVAREZ
I..UZ ELENA U. CHAPA
JASON PULLIAM FACSIMILE!
JUSTICES (210)335-2762
March 23, 2015
G.-oria E. Ochoy
542 Williamsburg Place
San Antonio, TX°78201
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria Ochoa
v.
Nail Flower Beauty Salon
According to our records, you are the appellant on this appeal. According to our records,
you are the appellant on this appeal. This Court previously struck appellant's original brief and
rendered an order pointingout the deficiencies and requiring appellant to file an amended brief. The
amended brief does not correct_all of the deficiencies previously noted by this Court. Specifically,
the brief faTi^toTnclude a statement offacts with record references andjhe^argument irithe_brief_
is not a proper appellate argument givenjhe judgment and; it rs not supported "by record _
/^/gnceil" See Tex. R. Ap?^2^-3&Mg). (i). When we refer to the
record; we refer to the clcik'sjecord Additionally, the "issues" presented by appellant are_ncrt
-pioper issues --- issues arc errors-.allegedly--™rnroitM .by the trial court entitlinglgpffl^oafe
J
sMg? See^UL Iv.3o..lu,i. F lUiUy, the bnel=do"
^ppejlateProce^.ure,. See id. R. 38.1(k). The rule xt<^mxt&""M"int].u"^JsidL\
cour^jjidgraent or other appealable orderTrom which relief is sought. Id.
However, the Court is not ordering appellant to rebrief. Nevertheless, appellant should be
advised that this court may consider her appellate complaints waived due to inadequate briefing if.the ,,;
noted deficiencies are goj corrected prior to submission'; See,ej>.j^qttv"
JJ/, 2014WL4ff23fc9ifl. jit *2 YTex. A~pp--^'ffrm "jW""""""
lies, No_^4"3n^CV, 2014 WL 1089750,. at *3 (Tex. App.—San Antonio Mar. 19, 2014^
As we have noted in a previous order, we recognize appellant is acting pro se on appeal.
However, pro se litigants are held to the same standards as licensed attorneys and-must comply
COURT OF APPEALS
SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGELINI 300 DOLOROSA, SUrTE 3200
MAR1ALYN BARNARD SAN ANTONIO, TEXAS 78205-3037
REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
PATRICIA 0. ALVAREZ (210) 335-2635
LUZ ELENA D. CHAPA
JASON PULLIAM FACSIMILE NO.
JUSTICES (210)335-2762
March 18, 2015
Gloria E. Ochoa Elizabeth Lennane
5-'12 Williamsburg Place Bank of America Plaza
San Antonio, TX 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Styie: Gloria Ochoa
v.
Nail Flower Beauty Salon
The Appellant's Amended Brief has this day been received and filed in the above styled
and numbered cause.
Very truly yours,
KEITH E. HOTTLE, CLERK
L\feF&da
Deputy Clerk, Ext. 53219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
statutes, constitutional provisions, or other law on which argument is based, or any contract or
other document central to argument).
Although substantial compliance with Rule 38.1 is generally sufficient, this court may
order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id.
R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of
Rule 38.1.
Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an
amended brief in this court on or before March 25, 2015. The amended brief must correct the
violations listed above and fully comply with Rule 38.1 of the Texas Rules of Appellate
Procedure. See R. 38.1. If the amended brief does not comply with this order, we "may strike
the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a
brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss appeal if
appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from
filing another brief, we may find that any issues raised by appellant are waived due to inadequate
briefing, and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d
57, 75 (Tex. App.—San Antonio 2011, no pet.).
We recognize that appellant represents herself on appeal, i.e., she is acting pro se.
However, the law is clear that pro se litigants are held to the same standards as licensed attorneys
and must comply with all applicable rules of procedure, including the rules governing appellate
briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.). A pro se
litigant is required to properly present her case on appeal just as she is required to properly
present her case to the trial court. Id. Accordingly, we will not apply different standards merely
because an appeal is brought by a litigant acting without advice of counsel. Id.
If appellant timely files a brief that complies with this order, appellee's brief will be due
thirty days after appellant's brief is filed. See TEX. R. App. P. 38.6(b).
Marialy:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 23rd day of February, 2015.
Keitfi E. Hottle
Clerk of Court
with all applicable rules, including the rules governing appellate briefs. Valadez v. Avitia, 238
S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.).
Very truly yours,
KEITH E. HOTTLE, CLERK
DfeES
Deputy Clerk, Ext. 53219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
Elizabeth Lennane (DELIVERED VIA E-MAIL)
jfourtf) Court of &ppeal£
H>an Antonio, t£exa£
February 23, 2015
No. 04-14-00509-CV
Gloria OCHOA,
Appellant
v.
NAIL FLOWER BEAUTY SALON,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-12691
Honorable Antonia Arteaga, Judge Presiding
ORDER
Appellant filed her brief on February 13, 2015. The brief does not comply with Rule
38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1. Specifically, the brief
violates Texas Rule of Appellate Procedure 38.1 in that it does not contain:
(1) a table of contents;
(2) an index of authorities;
(3) a proper statement of the case;
(4) a brief statement of the issues presented, setting out what errors were allegedly
committed by the trial court;
(5) include a statement of facts with record references;
(6) a proper summary of the argument;
(7) proper legal argument with appropriate citation to authorities and the appellate
record; or
(9) an appendix.
See id. R. 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(d)
(requiring statement of case); 38.1(f) (requiring statement of issues presented), 38.1(g) (requiring
statement of facts with record reference), 38.1(h) (requiring summary of argument, 38.1(i)
(requiring argument with appropriate citation to authority and record), and 38.1(k) (requiring
appendix with copy ofjudgment or other appealable order, any jury charge and verdict form, any
findings of fact and conclusions of law, and text of applicable rules, regulations, ordinances,
statutes, constitutional provisions, or other law on which argument is based, or any contract or
other document central to argument).
Although substantial compliance with Rule 38.1 is generally sufficient, this court may
order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id.
R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of
Rule 38.1.
Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an
amended brief in this court on or before March 25, 2015. The amended brief must correct the
violations listed above and fully comply with Rule 38.1 of the Texas Rules of Appellate
Procedure. See R. 38.1. If the amended brief does not comply with this order, we "may strike
the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a
brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss appeal if
appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from
filing another brief, we may find that any issues raised by appellant are waived due to inadequate
briefing, and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d
57, 75 (Tex. App.—San Antonio 2011, no pet.).
We recognize that appellant represents herself on appeal, i.e., she is acting pro se.
However, the law is clear that pro se litigants are held to the same standards as licensed attorneys
and must comply with all applicable rules of procedure, including the rules governing appellate
briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.). A pro se
litigant is required to properly present her case on appeal just as she is required to properly
present her case to the trial court. Id. Accordingly, we will not apply different standards merely
because an appeal is brought by a litigant acting without advice of counsel. Id.
If appellant timely files a brief that complies with this order, appellee's brief will be due
thirty days after appellant's brief is filed. See Tex. R. App. P. 38.6(b).
Marialy
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 23rd day of February, 2015.
Keitfi E. Hottle
Clerk of Court
'»,
Jfottrtfj Court of Appeals;
Han Antonio, TEexasf
January 29,2015
No. 04-14-00509-CV
Gloria OCHOA,
Appellant
NAIL FLOWER BEAUTY SALON,
V:: Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-12691
Honorable Antonia Arteaga, Judge Presiding
ORDER
Appellant has filed a third motion for extension of time to file her brief, asking for an
additional sixty days to file her brief. We previously granted her two prior extensions for a total
of seventy-four days, making her brief due January 30, 2015. We have reviewed appellant's
motion. Based on our review, we GRANT appellant's motion in part and DENY it in part. We
GRANT appellant's request for a third extension, but we DENY appellant's request for an
additional sixty days to file her brief. We GRANT appellant an aHrlijinnal givteon Hqys |n file
her brief and we ORDER her to file her appellant's brief in this court/on or before February 16_J)
2015. We advise appellant that NO FURTHER EXTENSIONS OF TIME TO FILE THE
BRIEF WILL BE GRANTED ABSENT WRITTEN PROOF OF EXTRAORDINARY
CIRCUMSTANCES. We recognize appellant is pro se; however, pro se parties are held to the
same standards as licensed attorneys arid are expected to comply with all rules and procedures
applicable to appeals.
Marial
IN WITNpS"P^i", Ihave hereunto set my ha*d and affisfcd the seal of the said
iurt on this 29^A^aWr&%)15. ./ /) /
Keith E. Hottle
Clerk of Court
r v
COURT OP APPEALS
SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT
KAREN ANGELINI 300 DOLOROSA^ SUITE 3200
MARIALYN BARNARD . SAN ANTONIO, TEXAS 78205-3037
REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE
PATRICIA O.ALVAREZ
(210)335-2635
LUZ ELENA D. CHAPA
JASON PULLIAM
FACSIMILE NO.
JUSTICES
(210)335-2762
January 29, 2015
Gloria E. Ochoa Elizabeth Lennane
542 Williamsburg Place Bank of America Plaza
San Antonio, TX 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria Ochoa
Nail Flower Beauty Salon :"
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 3219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)
COURT OF APPEALS
SANDEE BRYAN MARION FOURTH COURT6F APPEALS DISTRICT
CHIEF JUSTICE
KEITH E. HOTTLE /
CADENA-REEVES JUSTICE CENTER CLERK OF COUn:/'
KAREN ANGELINI 300 DOLOROSA, SUITE 3200
MARIAl.YN BARNARD SAN ANTONIO, TEXAS 78205-3037
REBECA C MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHQ^V
PATRICIA O. ALVAREZ
LUZ ELENA D. CHAPA
(210) 335-2&:
r ,
JASON PULLIAM
FACSIMILE NO.!
JUSTICES
(210)335-2262
January 28, 2015 / ' J
Gloria E. Ochoa Elizabeth Lennane
542 Williamsburg Place Bank of America Plaza
San Antonio, TX 78201 300 Convent St Ste 2350
San Antonio, TX 78205-3703
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-14-00509-CV
Trial Court Case Number: 2013-CI-12691
Style: Gloria, Ochoa
v.
Nail Flower Beauty Salon -
The Appellant's Third Motion for Extension of Time to File Brief has, this date been
received and filed in the above styled and numbered cause.
Very truly yours,
KEITH E. HOTTLE, CLERK
Deputy Clerk, Ext. 3219
cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)